By: Mishita Jethi
Introduction
The Immigration and Nationality Act (INA) requires that all noncitizens aged 14 and older who were not previously registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must complete the registration process, including fingerprinting. Additionally, parents and legal guardians are responsible for ensuring that children under 14 are registered. Once a previously registered child reaches their 14th birthday, they must apply for re-registration and undergo fingerprinting within 30 days.
Further, all unregistered noncitizens who fail to comply with this requirement may face civil and criminal penalties, including fines and misdemeanor prosecution.
Noncitizens who have not been issued official registration documents and have not submitted the necessary forms, including fingerprinting (unless waived), are considered unregistered. This includes individuals present in the United States without being inspected and admitted or paroled, Canadian visitors who entered through land ports of entry without receiving registration documentation, and those who have submitted certain benefit requests—such as for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS)—but were not issued proof of registration.
Consequently, those who are registered include individuals who received official registration documents or have completed the necessary forms and fingerprinting (unless waived). Registered noncitizens include lawful permanent residents, paroled individuals, nonimmigrants with an I-94 or I-94W, people with immigrant or nonimmigrant visas, those placed in removal proceedings, and individuals who have applied for lawful permanent residence or have received an employment authorization document (EAD).
How to Register
DHS is implementing a new registration process, including a designated form, to enable unregistered individuals to comply with INA §262 and will soon announce the form and process. As of February 25, 2025, noncitizens who are required to register should create a USCIS online account so once the registration process is implemented, those who are required to register will be able to do so through their USCIS online account.
Conclusion
For any questions or assistance regarding the Noncitizen Registration Requirement, contact your trusted Chugh, LLP immigration professional.
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